CONSTITUTIONAL REMEDY IS SELDOM-USED
by Dr. Thomas E. Davis, Col., USA (Ret), ©2016
(Dec. 3, 2016) — There exists in the minds of Americans and most of the misinformed media that the sitting President, legal or faux, is empowered to grant all-encompassing pardons to whomever he chooses. That is patently false! The United States Constitution, Article II, Section 2, Clause 1, makes the definitive declaration that he MAY NOT grant a pardon for any offenses committed by an individual who has been impeached. The full citation follows:
“The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.”
Therefore, if our feckless and seemingly reluctant 114th Congress should at this late date decide to remove some of Obama’s perceived power, they might as well begin with the following: Hillary Clinton, Eric Holder, John Kerry, Cheryl Mills, Patrick Kennedy, Leon Panetta, Susan Rice, Loretta Lynch, John Koskinen and Lois Lerner.
Additionally, allow me to clear up a gross misconception. Our Founding Fathers fully intended that every member of the legislative bodies be subject to IMPEACHMENT. “The impeachment process provides a mechanism for removal of the President, Vice President, and other ‘civil Officers of the United States’ found to have engaged in “treason, bribery, or other high crimes and misdemeanors.”
The precedent was set in 1797 when the House impeached Senator William Blount. “One day after the House impeached Senator William Blount, the Senate expelled him by a vote of 25–1. Blount claimed the Senate lacked authority to try him because Senators were not impeachable and, in any event, he no longer occupied an office from which he could be removed. The Senate voted to dismiss the impeachment resolution against the expelled Blount for lack of jurisdiction. Subsequently, many Senators have construed this vote as supporting their authority to dismiss an impeachment without a full-scale trial.“
This writer is unable to find any records of any law ever being passed that exempted legislators from impeachment or a trial by the Senate. It appears that by some political shenanigan or other, a clandestine agreement was fashioned or simply followed that the House most certainly would not impeach one of its own, and it followed as day does night that the House would not impeach a fellow legislator from the upper chamber. That the intent of the founders was, as previously stated, valid, is borne out in a contemporaneous schoolbook of the day, “Elementary Catechism on the Constitution of the United States-for the Use of Schools” by Arthur J. Stansbury and published in Boston by Hilliard, Gray, Little and Wilkins in 1828. The book is in Question and Answer format, and on Page 19, I discovered this little tidbit:
This would appear to be proof positive that the Founders DID indeed intend that Legislators as well as ALL other Civil Officers be subject to impeachment.
In the preceding 500+ words I am certain I have made my case. Numerous members of the current administration and the Congress deserve the privilege of defending their misconduct before a jury of THEIR peers. Of course, Barry Soetoro-Obama is the primary candidate for IMPEACHMENT! Let’s see some definitive action to make this transfer of power as smooth as that between George Washington and John Adams in order to begin the healing process we so badly need.
Dr. Thomas E. Davis, Colonel, USA (Ret)
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Sharon Rondeau has operated The Post & Email since April 2010, focusing on the Obama birth certificate investigation and other government corruption news. She has reported prolifically on constitutional violations within Tennessee’s prison and judicial systems.